The Breach of Bank Secrecy as a Means of Evidence in Child Support Actions: Reflections on Spending on Online Gambling

Abstract

This article aims to analyze the importance of lifting bank secrecy in child support proceedings, particularly in situations where the obligor claims financial incapacity to fulfill the duty of support while simultaneously incurring substantial expenses on online gambling. The study is based on the observation that, in a social context marked by the growing popularity of virtual betting platforms and the weakening of family relationships, online gambling, popularly known as bets, has increasingly become a means through which obligors attempt to conceal their actual economic capacity, to the direct detriment of the maintenance and dignity of children and adolescents. This theoretical essay, developed through bibliographical and documentary research and grounded in a legal-theoretical approach, examines the issue in light of civil and constitutional legislation, recent case law, and existing academic literature. It discusses the lifting of bank secrecy as an instrument for ensuring the effectiveness of child support obligations and for promoting the principles of human dignity and the best interests of the child. The analysis demonstrates that access to the obligor’s bank records enables the identification of spending patterns that are inconsistent with claims of financial impossibility. While alleging an inability to comply with support obligations at an adequate level, the obligor may expend considerable financial resources on online gambling platforms in pursuit of rapid and effortless financial gain. Therefore, the responsible use of bank secrecy lifting, subject to judicial oversight and within legal limits, constitutes a necessary measure to safeguard the fundamental right to child support and the comprehensive protection of children and adolescents. It also prevents the duty of support from being undermined by irresponsible behavior and contributes to correcting material inequalities within parental relationships.